Disability Services Regulations 2004

This Division applies in relation to a person who is a participant, or who later becomes a participant, if the person’s disability was caused to any extent by a personal injury, and one of the following cases applies —

the person received compensation under a judgment or settlement in respect of the injury in which —

it is possible to identify the Commission component of the amount of compensation; and

the component is either fixed by a non‑consent judgment or is objectively identifiable (for example, commutation of benefits under a statutory scheme);

the person received compensation under a judgment or settlement in respect of the injury that —

does not satisfy paragraph (a); and

fixes an amount of compensation in respect of the injury;

the person is receiving compensation under a scheme of insurance or compensation under a Commonwealth, State or Territory law, including a payment under a contract entered into under such a scheme;

the person —

entered into an agreement to give up a right to compensation in respect of the injury; and

because of that agreement, there are amounts that the person did not receive by way of a compensation payment (even if the person received other amounts by way of compensation payment in respect of the injury); and

the Commission is not satisfied that it was reasonable, in the circumstances, for the person to have entered into the agreement.

For the purposes of subregulation (1)(d)(iii), in considering whether the person’s entry into the agreement was reasonable, the Commission must have regard to the following matters —

the disability of the participant or prospective participant, including whether the disability affected his or her ability to reasonably assess the terms of the agreement;

the circumstances which gave rise to the entitlement or possible entitlement to compensation;

any reasons given by the participant or prospective participant as to why he or she entered into the agreement;

the impact (including any financial impact) on the participant or prospective participant and his or her family that would have occurred if the claim for compensation had been pursued or continued;

any other matter the Commission considers relevant, having regard to the principles and objects set out in Schedules 1 and 2 of the Act.